21-123-Q Wetland Delineation and Hydraulic Modeling .docx.pdf

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Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Wetland Delineation and Hydraulic Modeling

RFP No.: 21-123-Q Closing Date: Tuesday September 7, 2021, Time: 2:00 PM PT

Description: Wetland Delineation and Hydraulic Modeling

Contract Specialist: Gina Dally Phone: (541) 685-7132 Fax: (541) 685-7501 Contract Specialist email: gina.dally@eweb.org

SEALED PROPOSALS will be received until the closing date and time noted above by the EWEB PURCHASING OFFICE at:

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Gina Dally.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Analyst listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Analyst listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers” mailto:gina.dally@eweb.org

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TABLE OF CONTENTS

Section Description Page

1 Instructions to Proposers 4

2 Insurance Requirements See Exhibit 1 Sample Contract 9

3 Background/Objectives/Scope of Work 10

4 Minimum Qualifications and Requirements 15

5 Evaluation Criteria 16

6 Evaluation Process & Contractor Selection 18

7 Proposal Form 23

Attachments

A Standard Terms and Conditions See Exhibit 1 Sample Contract

B Proposer Residency Information 26

C Sustainability Questionnaire 27

D Independent Contractor Form 28

Exhibits

1 Sample Contract with Attachment A Terms and Conditions 29

2 Finn Rock Reach Floodplain Restoration Phase 2 51

3 Middle McKenzie Watershed Area 57

4 Design Report – South Fork 58

5 Deer Creek 180

6 Quartz Creek 184

7 Lower Quartz Creek Elevation 185

8 Quartz Creek Stream Stats 186

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LEGAL ADVERTISEMENT

RFP #21-123-Q

The Eugene Water & Electric Board (EWEB) requests proposals from consulting firms interested in providing wetland delineation and hydraulic monitoring for the McKenzie River Watershed Restoration after the Holiday Farm Fire in 2020.

Proposals shall be submitted to Gina Dally, Contract Specialist, Purchasing Office, 2nd Floor, Roosevelt Operations Center, 4200 Roosevelt Blvd, PO Box 10148, Eugene, OR 97402, before, 2:00 PM PT, Tuesday September 7, 2021.

Proposals will not be accepted after this hour and date.

RFP documents may be obtained from the Contract Specialist as noted above or from the OregonBuys website (https://oregonbuys.gov/bso/view/login/login.xhtml)

All proposals shall be submitted as set forth in Section 1 - Instructions to Proposers. EWEB is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Request for Proposals;

and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Dated this 10th day of August 2021

Gina Dally Contract Specialist https://oregonbuys.gov/bso/view/login/login.xhtml

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1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B and EWEB Public Contracting Rules Divisions 1, 2, 3 and 6.

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted on the form provided in the Request for Proposals. Proposals may be hand delivered or mailed by the submittal deadline.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Bidder Residency Information, Independent Contractor Certification, etc.) shall be submitted with the proposal and in the required format.

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS / REQUEST FOR CHANGE

Proposers may submit a written protest of any provision or specification contained in an RFP and may request a change to any provision or specification contained in an RFP, no later than 5 p.m. on the day which is seven (7) calendar days prior to the date Proposals are due, unless a different deadline is indicated in the

RFP.

Each protest and request for change must include: the reasons for the protest or request; any and all evidence and documented, factual information that supports proposer's protest; and any proposed changes to the RFP provisions or specifications. A Proposer may submit a protest, in writing to:

Eugene Water & Electric Board, Gina Dally, 4200 Roosevelt Blvd., Eugene, Oregon 97402.

Envelopes containing proposal protests shall be marked as follows:

RFP #21-123-Q: REQUIREMENT(S) PROTEST

ATTN: Gina Dally, Contract Specialist

EWEB will not consider any protest or request for change that is received at any time after the deadline.

Proposers must exhaust all administrative remedies before seeking judicial review.

1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Proposers may include in their response, proposed contractual terms and conditions that relate to the subject matter reasonably identified in the RFP. Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your firm’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON PROPOSAL

Proposals shall be signed by an authorized representative of the Proposer. Signature on a proposal certifies

- 5 -that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from bidding without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the bid document where it is requested or required. Proposers shall NOT make any alterations to the Original Solicitation Document. Any bid that has been altered may be rejected.

1.6 PREPARATION COSTS

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids or proposals, without liability incurred by EWEB at any time after issuing an RFP or RFQ, if EWEB believes it is in EWEB’s interest to do so. Proposers responding to either RFPs or RFQs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs and RFQs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, minimum of one (1) flash drive, shall be received by the EWEB Purchasing department prior to bid closing. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #21-123-Q Wetland Delineation and Hydraulic Monitoring DUE: Tuesday September 7, 2021, 2:00 PM PST

Proposals may be submitted in the following manner and to the following addresses listed on first page of the Request for Proposal:

RFP 21-123-Q

Attn: Gina Dally, Purchasing Office 4200 Roosevelt Blvd.

Eugene, OR 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Gina Dally.

Proposals shall be received and date and time-stamped by the EWEB Purchasing Office prior to Proposal closing date and time. No Proposal received after the closing date and time will be considered. EWEB is not responsible for technical issues that delay receipt of proposals.

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

Proposer MUST complete, sign, and return the following pages with their RFP response:

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• CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.4

• TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of proposers past performance.

• RESPONSE TO ALL EVALUATION CRITERIA (SECTION 5)

• SECTION 7 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• ATTACHMENT C – Sustainability Questionnaire

• ATTACHMENT D - Independent Contractor Certification

• DIGITAL COPIES of all proposal documents as detailed in Section 1.8(A).

1.9 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the solicitation documents will be made in the form of Addenda. The Proposer is responsible for ensuring that all addenda have been received and are acknowledged in their RFP Response.

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after bid closing date and time.

1.11 PROPOSAL WITHDRAWALS: Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the EWEB Purchasing Office prior to RFP closing time. Proposals may also be withdrawn in person before RFP closing time upon presentation of appropriate identification.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.3

PROTEST OF REQUIREMENTS OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with

- 7 -your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Request for Proposal, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a proposal contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

"This data constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

The Oregon Public Records Law exempts from disclosures only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance" ORS 192.345(2). Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

The above restriction may not include cost or price information, which shall be open to public inspection.

1.16 RESERVED

1.17 SCHEDULE OF EVENTS

The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate contract schedule is as follows:

Request for Proposal Released 8/10/2021

Last Date for Request for Changes/Protests of Specifications/Terms and Conditions 8/31/2021

Last Date EWEB will Issue Addenda 9/3/21

Closing Date (last day to submit proposals to EWEB) 9/7/2021

Responses Evaluated/Shortlist Announcement/Pricing Requests for Finalist 9/14/2021

Intent to Award Announcement 9/17/2021

Contract Award 10/04/2021

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2. INSURANCE REQUIREMENTS – SEE EXHIBIT 1

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3. BACKGROUND / OBJECTIVES / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

The McKenzie River is the sole source of drinking water for over 200,000 people in the City of Eugene and surrounding communities. In September 2020, the Holiday Farm Fire (HFF) burned over 170,000 acres of the McKenzie River Watershed and destroyed over 400 homes and structures. In response to the HFF, the Eugene Water & Electric Board (EWEB) established the Watershed Recovery Task Force in collaboration with a range of partners to protect drinking water quality, restore habitats, and support private landowner and community recovery. Large-scale floodplain restoration is an important part of post-fire restoration efforts to help buffer impacts from erosion of burned landscapes, mudslides, debris flows, and landslides.

EWEB is working with the McKenzie River Trust, U.S. Forest Service, and the McKenzie Watershed Council to design and implement two floodplain restoration projects, Quartz Creek and Finn Rock Reach (Phase 2), in the middle McKenzie watershed (See Exhibit 3). In addition to the water quality benefits, these projects are an important part of regional efforts to restore habitat for spring Chinook salmon and bull trout in the Willamette River Basin. The projects are designed to shift restricted and channelized flow confined to a single channel to one that easily spreads water across several hundred acres of floodplain, increasing surface and subsurface flow, dropping out sediment, filtering runoff to remove pollutants, creating fish and amphibian habitat, and improving groundwater recharge.

Finn Rock Reach Phase 2 Project Background In March of 2016, MRT took ownership of Finn Rock Reach (FRR). Finn Rock Reach, in its present state, comprises approximately 303 acres, including riparian forest, floodplain, and side channel habitat important to ESA-listed fish species. (See Exhibit 2).

FRR contains a significant tract of riparian floodplain hosting several miles of McKenzie River side channel downstream from its confluence with Elk Creek and two miles of McKenzie River frontage providing refuge for a wide diversity of aquatic, avian, plant, and terrestrial species. Native habitat for species listed by the Oregon Department of Fish and Wildlife as conservation strategy species (Oregon Conservation Strategy, 2016) and federal Species of Concern, including but not limited to Chinook salmon (Oncorhynchus tshawytscha), bull trout (Salvelinus confluentus), Pacific lamprey (Entosphenus tridentatus), and western pond turtle (Actinemys marmorata). The ponds also contain a population of Western painted turtles (Chrysemys picta bellii), which are not known at other McKenzie River basin sites (Pers. comm. w/ Chris Yee, ODFW).

Mining of gravel and cobbles, likely for use in logging road construction, has greatly impacted vegetation in the northwestern part of the site. Disturbance from road and culvert construction there may have resulted in partial damming and wetter plant communities upstream than existed previously. Aggregate extraction has created two ponds, altered native vegetation and potentially compacted surrounding soils, restricting its suitability for native plant growth.

River side channels are a mix of cobble and gravel substrate, fed both by direct connection to the McKenzie River and through hyporheic flow and provide cold water refuge for many salmonid species during the summer. Ponds and pools are scattered throughout the braided side channels and emergent wetlands, which provide additional instream, summer habitat and refuge for young salmonids during the high winter flows.

2018 bathymetry of the side channel showed that it is head cutting up the valley bottom. This incision is likely a result of the mainstem riverbed lowering because of historic wood removal and bank hardening up and down the main stem. If the side channel incision is allowed to continue it will threaten the existing

- 10 -wetland complex and potentially threaten the current spawning habitat. The incised channel will have a greater velocity, courser sediment and limited spawning and rearing potential for salmon.

Phase 1 Restoration MRT and the USFS implemented phase 1 of the restoration in 2021. (Exhibit 2). The Project design followed a Stage 0/8 approach to maximize hydrologic connectivity, complexity, and ecological benefits.

The design approach was modeled off valley bottom reconstruction projects that have been implemented on the South Fork McKenzie River and Deer Creek upstream of Finn Rock Reach, where hydrologic connectivity has been restored to the whole valley bottom by filling incised channels and bringing the water table back up to the historic elevation. This fully connected, anastomosing condition is referred to as “Stage 0.” See Exhibit 4 Design Report for more information on South Fork floodplain project and Exhibit 5 for summary of the Deer Creek floodplain restoration project that Finn Rock Reach and Quartz Creek projects are patterned after.

At Finn Rock Reach (FRR), because the mainstem McKenzie River has been actively incising for decades and now sits at a much lower elevation, the Project design called for removing artificial features and lowering terraces, in addition to some channel filling, to achieve a “Stage 8” condition - an anastomosing wetland-stream complex within an inset floodplain. This design approach led to a nearly 100% increase in base flow wetted area increasing the quantity and quality of habitat for fish and wildlife (See Exhibit 2).

Quartz Creek Project Background The HFF significantly impacted the Quartz Creek drainage area of approximately 42 square miles. USGS stream statistics for Quartz Creek and floodplain restoration project area maps are included in Exhibit 6.

The floodplain restoration on lower Quartz Creek will follow a design concept which is well-suited to low-gradient alluvial valleys where historically sediment would have been deposited and temporarily stored along with organics and nutrients throughout a hydrologically connected, dynamic, braided system of channels and wetlands. The project will remove artificial berms and, in some cases, natural deposits within the floodplain that inhibit lateral connectivity. Quartz Creek will be temporarily diverted, and incised channels aggraded with the removed berm material. Target cut and fill elevations that allow for a high degree of floodplain connectivity are identified through an establish design process reliant upon bathymetric LiDAR and field verification surveys. Large wood is then placed throughout the regraded valley bottom in series of large and small jams, and in some cases incorporated into the fill. The intent of large wood placement is to encourage the development of a multi-thread channel system with abundant complex cover, pools, and gravel bars. The creek is then returned to the restored floodplain and the temporary diversion channel rehabilitated. Native vegetation is then restored to the floodplain through a combination of targeted replanting, natural regeneration, and management of invasive weeds. Quartz Creek floodplain project area and relative elevation maps are included in Exhibit 7.

The Quartz Creek project is patterned after the work completed on South Fork McKenzie and Deer Creek.

For more information on those floodplain restoration projects see Exhibits 4 and 5.

3.2 OBJECTIVES AND SCOPE OF WORK

EWEB and its project partners are requesting proposals from qualified contractors to provide hydraulic analysis, and permit management for both floodplain restoration projects and wetland determination for one project (Quartz Creek).

The goal is to increase off channel habitat for native fishes and wildlife and mitigate water quality impacts from the Holiday Farm Fire (HFF) by restoring hydraulic connection and floodplain function.

Tasks included in this RFP represent the scope of work that will lead to ground implementation, which is anticipated to commence in 2022 and 2023. The land for both project areas is either owned or will be

- 11 -controlled via conservation easement by the McKenzie River Trust (MRT). The timeline for completing the work required under this RFP is summarized below:

• Finn Rock Reach Phase 2 project is scheduled for construction in summer 2022. All tasks under this scope of work, including permitting, will need to be completed by June 30, 2022, to allow construction to occur during the in-water work period.

• Quartz Creek floodplain project is scheduled for construction in summer 2023. However, EWEB is applying for FEMA Hazard Mitigation Grant Program Project funding to support this work. As a result, EWEB will need to provide FEMA with hydraulic modeling and design support tasks and provide assurances that permitting tasks will be accomplished to support the 2023 project implementation schedule. At this time, FEMA has not provided guidance on what the permitting assurances need to include. The deadline for completing this work in time for the FEMA HMGP application deadline is December 31,2021.

The McKenzie River trust has entered into an agreement with United States Forest Service (USFS) to design the FRR project to enable a contractor to complete additional anticipated modeling required for permitting. A 30% design currently exists and is included in Exhibit 2.

EWEB has entered into an agreement with the USFS to design the Quartz Creek project that the contractor will use to complete the additional anticipated modeling required for permitting. Design work is in process and 30% design is expected to be completed by late October 2021.

3.2.1 Hydraulic Modeling and Design

The goal is to increase off channel habitat for native fishes and wildlife and mitigate water quality impacts from the Holiday Farm Fire (HFF) by restoring hydraulic connection and floodplain function.

3.2.1.1 Hydraulic Modeling

The Consultant will develop and conduct the necessary hydraulic modeling required to determine risks associated with project implementation at FRR and Quartz Creek. This includes any additional hydraulic modeling to predict flow patterns, shear stresses, velocities and depth at multiple streamflow intervals.

The hydraulic modeling will be used to support Lane County and FEMA floodplain permitting.

3.2.1.2 Design Support

Existing data (hydraulic modeling, aerial mapping, geomorphologic survey data, etc.) on both project areas will be provided by the project partners and include information from MRT, resource agencies, universities, and other sources that have conducted studies on Finn Rock Reach and Quartz Creek floodplain sites. The Contractor will supplement and utilize as required.

3.2.2 Obtain Permits and Environmental Compliance

The consultant will develop and submit applications and obtain permits necessary to construct the final design at all locations. Environmental compliance associated with listed and or sensitive species and adjacent federal and state lands must be obtained. This includes responding to all requests for additional information required to satisfy permit review requirements.

The FRR and Quartz Creek projects are likely to affect waters regulated by the U.S. Army Corps of Engineers (USACE), Oregon Department of Environmental Quality (DEQ), and Oregon Department of State Lands (DSL). Compliance with requirements of these agencies will require field documentation for wetlands and other waters of the U.S., listed species habitat, and cultural resources documentation, as

- 12 -well as preparation of permit applications. The project will also require coordination with Lane County and Oregon Department of Fish and Wildlife (ODFW), and due to pursuit of federal funding, NEPA documentation will be required. The cultural resource surveys and NEPA documentation work is being completed under separate contracts and is not part of this RFP. These documents will be available to support this work as needed.

3.2.1 Wetland Determination

To comply with Clean Water Act (CWA) Section 404, project impacts to wetlands and waters of the US, must be identified. To streamline permitting, projects will be designed to meet the criteria of Nationwide Permit 27 for Restoration to keep wetland impacts minimal. The contractor will identify wetlands on the Quartz Creek floodplain project area (FRR already has wetlands identified). Wetland identification should involve mapping of wetland extents utilizing NWI data, drone footage, field observations, or other techniques recommended by the contractor. These data will then be used to evaluate project constraints and opportunities and inform the design to avoid or minimize impacts to wetland areas. In rare cases, when project designs cause unavoidable adverse impacts or the project does not meet the requirements of NWP 27, a full wetland delineation of the impacted wetlands might be required. If this becomes the case for the Quartz Creek project, it will be handled through an amendment to the contract. EWEB recommends the contractor plan to perform the abbreviated wetland assessment as soon as feasible and while the growing season is still underway to inform the design team of any opportunities and/or constraints identified.

3.2.2 Permit Support

Compliance with requirements of these agencies will require a CWA Section 404 permit from the USACE; a Removal-Fill permit from DSL; and a CWA Section 401 Water Quality Certification from DEQ for both the FRR and Quartz Creek projects. These permits would be applied for by preparing and submitting a single Joint Permit Application for each of the two projects. The FRR and Quartz Creek projects will likely also require Fish Passage Approval from ODFW and will need to meet Lane County floodplain development and riparian regulations.

3.2.2.1 Joint Permit Application

Contractor will prepare a two Joint Permit Application (JPA) packages for submittal to USACE, DEQ, and DSL. The FRR JPA package is priority for completion by the June 30, 2021, construction deadline. The Quartz Creek JPA package needs to be flushed out for the FEMA grant application but will not need to be completed until June 2023. Each JPA package will include data requested for completion of the application package, including quantities, construction durations, methods, and possible effects to wetlands and waters of the U.S. It will also describe measures to mitigate for any effects to wetlands or other waters.

The contract should assume adequate staff time to coordinate with USACE, DEQ, and DSL during their reviews. The FRR JPA must be submitted in January 2022 in order to meet the June 30, 2022, construction deadline.

3.2.2.2 Fish Passage Approval

The FRR and Quartz Creek floodplain projects will require Fish Passage Approval from ODFW. Preparation of this application will require completion of the application form as well as delivery of modeling results and information and design plans for review by ODFW. The contractor should include adequate staff time to coordinate with ODFW staff during review and comparison of the project designs to ODFW fish passage and in-water work requirements.

3.2.2.3 Lane County Floodplain Development Permit / Watercourse Alteration Permit (No-Rise Certification) The FRR and Quartz Creek floodplain projects will require a Floodplain Development Permit / Watercourse Alteration Permit, commonly referred to as a No-Rise analysis and certification. Since these two floodplain

- 13 -project areas are not mapped by a detailed flood study included in the Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) for Lane County, Oregon, and Incorporated Areas (FEMA 1999), careful coordination with FEMA and Lane County would be needed and a Conditional Letter of Map Revision (CLOMR) could be requested. Both floodplain projects will be permitted by Lane County for Floodplain Development and Watercourse Alteration and must meet riparian regulations.

3.2.2.4 Other Permits

As previously noted, ESA Section 7 Biological Assessment and National Historic Preservation Act Section 106 Compliance work are being completed under separate contracts and are not part of this RFP.

3.3 LENGTH OF CONTRACT

The length of the CONTRACT for Wetland Delineation and Hydraulic Modelling associated with FRR and Quartz Creek floodplain restoration projects will be from the date of award, approximately October 4, 2021, and will last to completion on or before October 5, 2023. Additional hydraulic modeling, permitting, and/or wetland determination work may be added to this Contract under future amendments up to October 5, 2026.

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and if needed various locations along the McKenzie River and its tributaries, Oregon.

EWEB WILL NOT provide workspace for the contractor. The contractor must provide its own workspace.

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4. MINIMUM QUALIFICATIONS AND REQUIREMENTS (PASS/FAIL)

Minimum Qualifications and Requirements (Pass/Fail)

Following are the Minimum Qualifications and Requirements that shall be met by all Proposers. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner.

Response to the minimum Qualifications and Requirements will not receive point values but shall be evaluated on a pass or fail basis. Only Proposers that meet all of the minimum Qualifications and Requirements will be evaluated on the Content of Response / Scored Evaluation Criteria (Section 8) where point values shall be awarded. EWEB does not pre-qualify proposers; your proposal must show that your firm meets the requirements.

EWEB will attempt to answer questions or clarify the requirements if needed.

The following criteria will be considered on a pass or fail basis. Each criterion must pass in order for a Proposal to be reviewed and scored by the evaluation team:

• At least 10 years of experience in the field of Wetland Delineation and Hydraulic Modeling to include design support and environmental compliance.

• At least 5 years of experience in the field of Wetland Delineation and Hydraulic Modeling to include design support and environmental compliance specific to FEMA Floodplain permitting associated with floodplain restoration type projects.

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5. EVALUATION CRITERIA

This is a Two-Step Evaluation Process

Written Proposals will be evaluated. Scoring and contract award will be based on Proposers qualifications and experience, as described below. Scoring during the first step of the evaluation is limited to non-pricing information. DO NOT INCLUDE PRICING INFORMATION WITH YOUR PROPOSAL RESPONSE.

Upon review and ranking of proposals, EWEB may request pricing from up to three qualified Proposers.

Proposers may withdraw from the selection process, at their discretion, during the pricing request selection step.

STEP ONE: Evaluation of written proposals (short list process). Any points ranking during the written evaluation may carry forward as defined in the short list process.

At the completion of Step One, EWEB will release scoring and rankings of up to 3 qualified proposers from whom pricing information may be requested.

STEP TWO: Request for Pricing information and completion of evaluation.

5.1 Project Approach (30 Points Possible)

Proposer shall demonstrate a clear and concise understanding of the project based on existing information about the McKenzie Floodplain Restoration project area, and the information in this RFP.

Discuss how you would approach the project to accomplish the hydraulic modeling and compliance permitting for the FRR and Quartz Creek floodplain restoration areas and wetland delineation for the Quartz Creek project meeting FEMA and other agency requirements within the scheduled timeframes.

5.2 Team Experience and References (35 Points Possible)

Company Experience Demonstrate the Proposer’s Firm and Team qualifications and experience relating to the requested services. Response shall include the following:

a. Describe similar projects completed within the past five years, and experience with wetland delineation and hydraulic modeling for restoring hydraulic connection and floodplain function.

b. Internal procedures and/or policies that help ensure work quality control and cost control.

c. Provide a description of the five (5) most recent projects completed within the last ten (10) years that most closely resemble the work being described in this solicitation. Proposers shall provide the following for each project:

1) Name of the client and location of the work.

2) Contract number and title.

3) Contact name, phone, and email. (Please ensure the information is up to date and that the company is willing to be contacted by EWEB for a reference.)

4) Complete description of work performed.

5) Include whether the project(s) were completed on time and on budget or needed to be revised.

Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule.

Staff Experience - Proposed key personnel (“Key Persons”)

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a. For each, provide resumes, experience, and why each Key Person would be valuable for the work under the resulting Contract.

b. Discuss Key Person’s experience working with each other and how they collaborate internally and with the client.

5.3 Time and Resource Management (20 Points Possible)

Time is of the essence in implementing many of the planned improvements under the resulting

Contract. Proposer shall demonstrate the ability to provide timely response to EWEB requests.

Demonstrate capability to complete the requested services. Response must list:

• Management and organizational structure

• An explanation describing how the company can accommodate varying levels of work assigned under this contract, including any limitations

• An explanation describing how the company can accommodate project locations anywhere in the area described in this solicitation

• Current or projected assignments and location of key members, and whether these assignments may conflict with the key members’ ability to respond to EWEB’s projects

5.4 Pricing Proposals (15 Points Possible) DO NOT SEND PRICING, PRICING WILL BE REQUESTED IN STEP TWO

When pricing information is requested in Step Two, only total cost will be used to calculate the points awarded for this item.

Total points for cost will be determined according to the following formula:

A = Total Possible points = xx L = Lowest cost proposed X = Cost being scored B = Awarded Score

Formula: "L" divided by "X" times "A" = "B"

Example: If A = 30 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 50 = 20 points

B. Rate Sheet (Not Scored) – Further instruction will be provided when pricing is requested.

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6. EVALUATION PROCESS & CONTRACTOR SELECTION

The total number of points possible for Step One, evaluation of written proposals is 85. Upon completion of Step One, EWEB will rank the proposers and request pricing, which will be scored in Step Two. The total score for the combined Step One and Step Two is 100 points.

EWEB intends to use a qualification-based selection process (QBS), as outlined in ORS 279C.110 (as amended) where a Competitive Range of Finalists are determined by their qualifications to fulfill the Work, and fees are subsequently received only by those in the Competitive Range.

STEP ONE: Written proposals will be evaluated, and preliminary scores ascertained. Up to 3 of the most qualified Proposers will be included on the shortlist. At the completion of Step One, EWEB will release scoring and rankings of the qualified proposers and pricing information will be requested.

STEP TWO: Request for Pricing information and completion of evaluation.

The total possible number of points are as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only

Project Approach 30 Team Experience 35 Time and Resource Management 20 Step One - Total Written Scores 85

Step Two - Pricing 15

Total Scores 100

6.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

6.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Analyst may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If a Proposer does so, the Purchasing Analyst may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

Minor informalities that:

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• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFQ/RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, may be waived by the Purchasing Analyst.

EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

6.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the proposer.

6.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB's Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

6.5 Clarification of Response

EWEB reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

6.6 Evaluation Process

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Written Statements of Proposal (SOPs) will be evaluated, scoring and contract award will be based on Proposer’s qualifications and experience as described in Section 4.

Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of contractor selection that include without limitation:

(A) An award or awards based solely on the ranking of proposals;

(B) Discussions leading to best and final offers, in which EWEB may not disclose private discussions leading to best and final offers;

(C) Discussions leading to best and final offers, in which EWEB may not disclose information derived from proposals submitted by competing proposers;

(D) Serial negotiations, beginning with the highest ranked proposer;

(E) Multiple-tiered competition designed to identify, at each level, a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers;

(G) A multi-step request for proposals that require additional information designated in Rule 3-0232;

or

(H) Any combination of methods described in this Section.

6.7 Contractor Selection

If a contract is awarded, EWEB shall award the contract to the responsible proposer whose proposal EWEB determines in writing to be the most advantageous to EWEB based on:

a) The evaluation process and evaluation factors described in this request for proposal;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable,

c) The outcome of any negotiations authorized by this request for proposal

If this request for proposal specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible proposers who qualify for the award of a contract under the terms of this request for proposal.

6.7.1 The firm with the highest total score as a result of written proposal scoring, and pricing will be awarded the Contract.

6.8 Notice of Intent to Award

After the completion of the evaluation and ranking, the Purchasing Analyst will issue a written Notice of Intent to Award and send copies to all Proposers. The notice will set out the names of all Proposers and identify the Contractor selected for award.

6.9 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer as defined in Section 6.7. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and.

c) Any other terms and conditions reasonable related to those expressly authorized for negotiation in the Request for Proposal, Section 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest-ranked proposer if it reasonably believes that:

a) The proposer is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

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If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest scoring proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating.

6.10 Protests and Judicial Review of competitive Bidding and Proposals

Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are nonresponsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's bid or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

Eligible proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Manager will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Manager’s determination (response) is adverse to the protester, any further appeal of the Purchasing Manager’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Manager’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Manager’s determination and shall fax and mail, in accordance with the fax number and address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

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h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Manager and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or ITB and the equal and fair application of EWEB’s contracting rules. The contract Review Board's determination shall be EWEB's final decision.

An adversely affected or aggrieved bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Contractor selection or Contract Award decision.

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7. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 6 shall be organized in the order listed in Section 5, preferably by re-stating the Criteria, then responding below.

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

(place a check in front of the item indicating inclusion in your response)

CON…